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Appellant was wrongly appointed to a post reserved for 'Group B' category and his selection was tainted. The equitable considerations do not favor him; there is no concept of adverse possession in service law. Ad-hoc arrangement should not continue, and post must be filled afresh.
Source excerpt
The appellants, having acquired the required qualifications before the date of interview and being selected on merit, were entitled to appointment and seniority. The technical bar adopted by the Division Bench was incorrect; the eligibility requirement may be analogously relaxed to ensure the best talent is recruited, as long as fairness is maintained and no mala fides are shown.
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